13 Ga. App. 678 | Ga. Ct. App. | 1913
The accused was convicted of incestuous adultery with his stepdaughter. The evidence was substantially as follows: The girl was 17 or 18 years of age and had been living in the house with her mother and the accused ever since the marriage of the accused to the mother some 14 or 15 years before. Upon being informed by the mother that the girl had missed her menstrual period, the accused called upon a negro midwife, who at the time was living eight miles away from his home, and requested the woman to do something to relieve the girl, stating at the time that she had caught cold and was suffering from menstrual suppression.
Eliminating immaterial facts, the only evidence produced against the accused consisted of the fact that he sought the services of a midwife to bring about an abortion, that he stated to the midwife that he was being charged with a crime in reference to the matter, that he endeavored at first to mislead the woman into the belief that the girl was not pregnant, that the girl charged “pa” with being the author of her shame, and that he did not then and there deny it. These facts and circumstances were not sufficient to justify the conviction. In every criminal case there is a presumption of law that the accused is innocent. Added to this, in a charge of this character, there is a natural presumption that the accused would not be guilty' of an offense so heinous as the one charged in the
It is true, the jury were probably authorized to find that the accused heard the charge made by the girl and did not deny it. This is a circumstance against him, but it is by no means conclusive of his guilt. The natural feeling of horror and repulsion that one standing in the position of the accused would have had at a false accusation of this nature might well have, caused him to turn and walk away in sorrow and shame without raising his voice in protest. He had previously protested his innocence to the midwife, and had even suggested to her that she interrogate the girl to-find out who had committed the offense. This conduct of the. accused was more inconsistent with guilt than his silence was inconsistent with innocence.
The point is made in the record that the venue of the offense was not proved. This point seems also to be well taken, but we do not deal with it specifically, because in our opinion the evidence was not sufficient to show that any offense at all was committed by the accused. Judgment reversed.